Season 1, Episodes 1-10 Questions & Activities

MAKING A MURDERER ACTIVITIES FOR TEACHERS

SEASON 1, EPISODES 1-10 QUESTIONS & ACTIVITIES MAKING ------A ------MURDERER: Critical-Thinking Questions, Close-Reading Passages, Research & Writing Activities - INCLUDES ANSWER KEY www.teacher FOR GRADES 10-12 spayteachers Episodes are rated appropriate for ages 14 and up; please use your own discretion for appropriateness for .com/Store/ your students. Tracee- Orman

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This downloadable teaching resource includes one single-teacher classroom license. Photocopying of this copyrighted downloadable product is permissible only for one teacher (or teaching team) for his/her own classroom use. Reproduction of this product, in whole or in part, for more than one teacher, classroom, or department, school, or school system, by for-proﬁt tutoring centers and like institutions, or for commercial sale, is strictly prohibited. Multiple licenses can be purchased at a reduced price on your “My Purchases” page at any time. After purchasing multiple licenses, you may distribute copies to your colleagues.

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The following resources are not affiliated with Moira Demos and Laura Ricciardi (producers of “Making a Murderer”), Netflix®, or any of the aforementioned’s affiliates. These are meant to supplement and be used in conjunction with the video documentary and be used by educators in a classroom setting. These resources do NOT include video of the documentary.

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ABOUT THE DOCUMENTARY & UNIT The student handouts are designed to correspond with Netﬂix’s documentary “Making a Murderer.” The documentary consists of 10 episodes, roughly an hour long. The unit will take several weeks; the exact time will depend on whether students will watch episodes independently or in class.

Students will engage in meaningful conversations and debates about the events presented, focusing on the wrongful conviction of Steven Avery in 1985, his exoneration after serving 18 years in prison, and his controversial murder charges and conviction in 2005.

CONTENT WARNING The material in the documentary is not appropriate for younger students. I chose to teach this unit with high school seniors (students ranging from 17 to 19 years of age). The documentary is rated for ages 14 and up, though you should use your own discretion whether students are mature enough to view. It includes adult content (discusses rape, animal cruelty, murder, mutilation of a corpse) and language (for example, Episode 1 shows a letter in which the “f” word is used; Episode 9 shows a person cursing loudly at reporters).

USING THE MATERIALS IN CLASS There are various ways you can present the material. Here are four different options: Option 1: -Show the documentary episodes in class, pausing for clarification and meaningful discussion, while answering the questions on the handout together. Option 2: -Show the documentary episodes in class, pausing for clarification and meaningful discussion. After viewing, give students handouts as a comprehension assessment to be completed independently (could be outside of class or in class). Discuss answers for clarification after students have completed work. Option 3 (“flipped” classroom): -Assign students to view the episodes outside of class. During class, have students answer questions together on handout, engaging in meaningful discussions with classmates. Option 4 (“flipped” classroom): -Assign students to view the episodes outside of class. In class, give students handouts as a comprehension assessment (completed independently or in small groups). After completing, discuss the questions as a class and clarify answers.

USE IN CONJUNCTION WITH THE VOCABULARY EXERCISES FOR THE UNIT: MAKING A MURDERER VOCABULARY ACTIVITIES (STANDARDS-BASED) https:// These handouts can be used independently or with my other www.teacherspa resources for the documentary. You can ﬁnd them all here in yteachers.com/ my store: Store/Tracee- Orman/Category/ Making-a- Murderer Copyright © 2016 Tracee Orman MAKING A MURDERER ACTIVITIES FOR TEACHERS

TABLE OF CONTENTS

Page(s) Content 2 Terms of Use 3 Table of Contents & Objectives 4 TABLE OF CONTENTS & OBJECTIVES 5-6 Common Core State Standards Alignment 7 Episode 1 Questions: questions and sequence of events activity 12 Episode 2 Questions: questions and close-reading activity 16 Episode 3 Questions: questions 19 Episode 4 Questions: questions and word-origins activity 23 Episode 5 Questions: close-reading activity, questions, and analysis of the structure activity 33 Episode 6 Questions: questions and analysis of the structure activity 39 Episode 7 Questions: questions and close reading activity 46 Episode 8 Questions: questions and word origins activity 50 Episode 9 Questions: questions 53 Episode 10 Questions: questions 56 Writing Prompts: Explanatory/Informative, Argument, and Summary with rubrics 65 Episode Analysis: Main idea/Filmmaker’s purpose; use with any episode) 69 Episode Structure Analysis: Analyze the sequence of events/order of clips; use with any episode) 72-74 Helpful links

STUDENT OBJECTIVES

• Students will evaluate and analyze a documentary for purpose and point-of view. • Students will read nonfiction passages closely. • Students will determine the central idea(s) of each episode and the documentary as a whole. • Students will determine the main ideas and identify the supporting evidence. • Students will infer/determine the meaning of words/phrases by using context clues. • Students will demonstrate understanding of figurative language and nuances in word meanings. • Students will analyze and evaluate the filmmaker’s claims (arguments) as presented. • Students will research related topics using the internet. • Students will determine whether outside sources are reliable and reasonable.

Common Core Anchor Standards Practiced Throughout the Unit: HISTORY/SOCIAL STUDIES CCSS.ELA-LITERACY.RH.9-10.1 Cite specific textual evidence to support analysis of primary and secondary sources, attending to such features as the date and origin of the information. CCSS.ELA-LITERACY.RH.11-12.1 Cite specific textual evidence to support analysis of primary and secondary sources, connecting insights gained from specific details to an understanding of the text as a whole. CCSS.ELA-LITERACY.RH.11-12.2 Determine the central ideas or information of a primary or secondary source; provide an accurate summary that makes clear the relationships among the key details and ideas. CCSS.ELA-LITERACY.RH.9-10.2 Determine the central ideas or information of a primary or secondary source; provide an accurate summary of how key events or ideas develop over the course of the text. CCSS.ELA-LITERACY.RH.9-10.3 Analyze in detail a series of events described in a text; determine whether earlier events caused later ones or simply preceded them. CCSS.ELA-LITERACY.RH.11-12.3 Evaluate various explanations for actions or events and determine which explanation best accords with textual evidence, acknowledging where the text leaves matters uncertain. CCSS.ELA-LITERACY.RH.9-10.6 Compare the point of view of two or more authors for how they treat the same or similar topics, including which details they include and emphasize in their respective accounts. CCSS.ELA-LITERACY.RH.9-10.7 Integrate quantitative or technical analysis (e.g., charts, research data) with qualitative analysis in print or digital text. CCSS.ELA-LITERACY.RH.11-12.7 Integrate and evaluate multiple sources of information presented in diverse formats and media (e.g., visually, quantitatively, as well as in words) in order to address a question or solve a problem. CCSS.ELA-LITERACY.RH.9-10.8 Assess the extent to which the reasoning and evidence in a text support the author's claims. CCSS.ELA-LITERACY.RH.11-12.8 Evaluate an author's premises, claims, and evidence by corroborating or challenging them with other information. CCSS.ELA-LITERACY.RH.9-10.9 Compare and contrast treatments of the same topic in several primary and secondary sources. CCSS.ELA-LITERACY.RH.11-12.9 Integrate information from diverse sources, both primary and secondary, into a coherent understanding of an idea or event, noting discrepancies among sources. WRITING (HISTORY) CCSS.ELA-LITERACY.WHST.9-10.7 Conduct short as well as more sustained research projects to answer a question (including a self-generated question) or solve a problem; narrow or broaden the inquiry when appropriate; synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation. CCSS.ELA-LITERACY.WHST.9-10.9 Draw evidence from informational texts to support analysis, reflection, and research. CCSS.ELA-LITERACY.WHST.9-10.10 Write routinely over extended time frames (time for reflection and revision) and shorter time frames (a single sitting or a day or two) for a range of discipline-specific tasks, purposes, and audiences. CCSS.ELA-LITERACY.WHST.11-12.10 Write routinely over extended time frames (time for reflection and revision) and shorter time frames (a single sitting or a day or two) for a range of discipline-specific tasks, purposes, and audiences.

LANGUAGE (ELA Anchor Standards) CCSS.ELA-LITERACY.CCRA.L.3 Apply knowledge of language to understand how language functions in different contexts, to make effective choices for meaning or style, and to comprehend more fully when reading or listening. READING CCSS.ELA-LITERACY.CCRA.R.1 Read closely to determine what the text says explicitly and to make logical inferences from it; cite speciﬁc textual evidence when writing or speaking to support conclusions drawn from the text. CCSS.ELA-LITERACY.CCRA.R.2 Determine central ideas or themes of a text and analyze their development; summarize the key supporting details and ideas. CCSS.ELA-LITERACY.CCRA.R.3 Analyze how and why individuals, events, or ideas develop and interact over the course of a text. CCSS.ELA-LITERACY.RI.9-10.3 Analyze how the author unfolds an analysis or series of ideas or events, including the order in which the points are made, how they are introduced and developed, and the connections that are drawn between them.

Copyright © 2016 Tracee Orman Making a Murderer Activities for Teachers CCSS.ELA-LITERACY.RI.11-12.3 Analyze a complex set of ideas or sequence of events and explain how specific individuals, ideas, or events interact and develop over the course of the text. CCSS.ELA-LITERACY.CCRA.R.4 Interpret words and phrases as they are used in a text, including determining technical, connotative, and figurative meanings, and analyze how specific word choices shape meaning or tone. CCSS.ELA-LITERACY.CCRA.R.5 Analyze the structure of texts, including how specific sentences, paragraphs, and larger portions of the text (e.g., a section, chapter, scene, or stanza) relate to each other and the whole. CCSS.ELA-LITERACY.CCRA.R.6 Assess how point of view or purpose shapes the content and style of a text. CCSS.ELA-LITERACY.CCRA.R.7 Integrate and evaluate content presented in diverse media and formats, including visually and quantitatively, as well as in words. CCSS.ELA-LITERACY.RI.9-10.7 Analyze various accounts of a subject told in different mediums (e.g., a person's life story in both print and multimedia), determining which details are emphasized in each account. CCSS.ELA-LITERACY.RI.11-12.7 Integrate and evaluate multiple sources of information presented in different media or formats (e.g., visually, quantitatively) as well as in words in order to address a question or solve a problem. CCSS.ELA-LITERACY.CCRA.R.8 Delineate and evaluate the argument and specific claims in a text, including the validity of the reasoning as well as the relevance and sufficiency of the evidence. CCSS.ELA-LITERACY.RI.9-10.8 Delineate and evaluate the argument and specific claims in a text, assessing whether the reasoning is valid and the evidence is relevant and sufficient; identify false statements and fallacious reasoning. CCSS.ELA-LITERACY.RI.11-12.8 Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy

WRITING (ELA Language Arts) CCSS.ELA-LITERACY.CCRA.W.7 Conduct short as well as more sustained research projects based on focused questions, demonstrating understanding of the subject under investigation. CCSS.ELA-LITERACY.CCRA.W.9 Draw evidence from literary or informational texts to support analysis, reﬂection, and research. CCSS.ELA-LITERACY.CCRA.W.10 Write routinely over extended time frames (time for research, reﬂection, and revision) and shorter time frames (a single sitting or a day or two) for a range of tasks, purposes, and audiences.

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SEPARATE MATERIALS: This resource includes a separate teacher’s answer key and an editable student handout. ➙ The editable student handout may be shared electronically (via Google Classroom, Edmodo) with your students. ➙ THIS document and the teacher’s answer key may NOT be shared or posted online under any circumstances. Thank you for your cooperation.

QUESTIONS FOR SEASON 1, EPISODE 1

SEASON 1, EPISODE 1 (S1/EP1) 1. Who is Steven Avery?

2. The documentary opens with Avery’s 2003 release from prison after he was wrongfully convicted. How does it impact the viewer’s perception of Steven Avery? Why do you think the ﬁlmmakers chose to introduce Avery’s story with his release rather than from the beginning (1985)?

3. According to the documentary, what kind of reputation did Steven Avery have in 1985? What events inﬂuenced his reputation?

4. Is it fair to say that the law enforcement in Manitowoc County had preconceived notions about Steven Avery when the 1985 rape of Penny Beerntsen takes place? Explain.

5. What was the inciting incident that seems to give the Manitowoc sheriff’s department reason to believe Steven Avery may have committed the rape?

MANITOWOC COUNTY & MANITOWOC CITY

Important information for clariﬁcation: Manitowoc County Sheriff’s Department covers the areas in the county that are not covered by a city police department. Therefore, any area outside of the city of Manitowoc–like the beach in which Penny was raped and the Avery property, which falls outside of Two Rivers–is covered by the Manitowoc County Sheriff’s Department.

Continued on next page

“People believed he did it, though, because he was an Avery.” -Kim Ducat

6. Who is Gregory Allen? Why was the city police department surveilling him?

7. Why, despite the evidence showing Avery’s whereabouts on July 29, 1985, do you think the jury ﬁnds Steven Avery guilty of rape?

8. Why was Steven ineligible for parole?

9. What has to happen in order for an appeal to take place?

10. What “newly discovered” evidence is presented in 1995?

11. Why doesn’t Judge Hazelwood (AND the appeals court AND Supreme Court of Wisconsin) uphold the evidence in Avery’s appeal?

12. What new evidence is brought forward by the Wisconsin Innocence Project in 2001?

13. What motive did the Manitowoc County Sheriff’s Department and Denis Vogel (District Attorney) have for ignoring the leads the Manitowoc City Police Department had on Gregory Allen in 1985?

14. What happened as a result of Gregory Allen not being arrested for the 1985 rape?

15. Do you think the people involved in locking Steven Avery up for 18 years should be reprimanded? Why or why not?

“If I did it, I'll admit right away...But I don't break for something I didn't do.” -Steven Avery

ANALYZE A SERIES OF EVENTS

Timeline for July 29th, 1985 (times are approximate excluding those in bold)

10 a.m. Steven and Lori Avery and their five kids begin running errands for the day in Manitowoc. -Their first stop is go to Farm Fleet where Steven buys a five-gallon pail of plaster. -Second stop is to Shopko to look at paint. They pass on buying because it’s not on sale. -The family then drives to Two Rivers. -Third stop (in Two Rivers) is to fill a prescription for Lori at Wolfe-Snyder Drug Store. -Fourth stop is to Red Owl grocery to get milk.

1:00 p.m. The family arrives at Dolores and Allan Avery’s home, 12 miles north of Manitowoc. -Dolores asks Steven if they can stay so he can help his dad pour cement for a new sheep shed. -Steven helps, along with several family members and friends, while the women stayed inside watching TV.

3:30 p.m. Steven goes inside and tells Lori to round up the kids so they can go home. -The women had just finished watching Divorce Court on TV and Steven, jokingly, turned it off to get their attention. (Several eyewitnesses testified to the time.) -Lori takes a while to find all the kids, pack up the twin newborns, and say goodbye to the family.

After 3:30 p.m. Lori comes outside and can’t ﬁnd Steven. Steven had taken his sister Barb on a ride on the four-wheeler to the gravel pit. They got stuck, so it took them longer to get back to the house.

3:50 p.m. Penny Beerntsen is sexually assaulted on in Point Beach State Forest, outside Neshotah Park, which is north of Two Rivers.

4:05 p.m. Penny’s attacker leaves her on the beach and runs into the woods.

After 4 p.m. Steven and Barb return from their ride (time unknown) and Steven and Lori load up and leave the Avery property. Instead of going home, Steven decides to go to the Green Bay Shopko to see if they have the paint they needed on sale.

After 4:30 p.m. The family goes through a Burger King drive-through window to get food for the kids, then pulls into the car wash across the street from Burger King to wash the truck.

5:13 p.m. Steven buys the paint, even though it’s not on sale. (Shopko receipt conﬁrms purchase and clerk remembers Avery going through check out line.) -Steven goes to an automotive store to look around while the kids and Lori wait. -The family goes through the Hardee’s drive-through on the way home.

7:00 p.m. Steven calls his brother Earl and asks him to help him with some drywall (exact time is unknown). They work for a few hours.

11:00 p.m. Steven and Lori go to bed for the night. Shortly after, police arrive to arrest Steven for Penny Beerntsen’s rape.

“Steven Avery was accounted for every minute...” -Robert Henak

ANALYZE A SERIES OF EVENTS, continued Evaluate Steven Avery’s timeline for the day Penny Beerntsen was sexually assaulted. Compare it to Penny Beerntsen’s testimony (time of attack). Then answer the following questions:

Could Steven leave his parent’s house at 3:30 p.m. and travel to the beach, commit the assault of Penny Beerntsen from 3:50-4:05 p.m., then arrive back to his parent’s home, get Lori and their ﬁve kids, travel to Green Bay and buy paint at Shopko at 5:13 p.m.?

The prosecution said YES. What do you think?

➙ Look up the distance between Avery’s Auto Salvage (where Steven’s parents lived and he and his wife and kids were visiting that day) and Point Beach State Forest. How long would it take to drive there and back?

Distance: ______Driving time: ______

➙ Look up the distance between Avery’s Auto Salvage and Shopko in Green Bay. How long would it take to drive there?

Distance: ______Driving time: ______

➙ MAP IT OUT: Using Google Maps, map the route between the locations.

Could Steven have committed the crime based on this timeline? Why or why not? Explain in complete sentences using data, logic, and reasoning. Use additional paper, if needed.

______

QUESTIONS FOR SEASON 1, EPISODE 2

VIEW SEASON 1, EPISODE 2 (S1/EP2) and ANSWER the “The essence of the civil suit says that following questions: the district attorney and the sheriff 1. What is the purpose of the “Avery Task Force” (founded by were obliged constitutionally to turn Representative Mark Gundrum)? that exculpatory evidence about Gregory Allen over to the defense. It's not a subtle...lawsuit, in that this is a gross constitutional violation. ”

-Walter Kelly, Avery’s Civil Rights Lawyer 2. How much did the Avery Task Force believe Steven Avery should be compensated (by the State) for his time spent in prison? exculpatory: show that someone is not guilty of wrongdoing; free from blame

3. In addition to receiving compensation from the State, how much was Avery suing the Manitowoc County Sheriff’s Department, Tom Kocourek, and Denis Vogel in his civil suit and why?

4. Why was 1995 a signiﬁcant year in Avery’s civil case? List events that took place that were important to Avery’s case.

5. In October of 2005, legislators are ﬁnalizing the bill that will compensate Avery a large amount of money for the wrongful conviction. Knowing Avery would be getting this money, his lawyers continue working on depositions for his civil case. During this time the County, former sheriff, and former D.A. learn what about their insurance policies? How might this new information affect those named in the lawsuit?

“Has DNA evidence been fabricated before? Yes.” -Eugene Kusche, Manitowoc Co. Sheriff Dept.

6. What evidence do investigators ﬁnd on the Avery property on November 5, 2005? What does this evidence imply?

7. After Steven Avery is arrested for the murder of Teresa Halbach, the Calumet County Sheriff (Jeff Pagel) and District Attorney (DA) (Ken Kratz) refuse to tell reporters and Avery’s lawyers which jail Steven is being held. Why?

8. What motive would Steven have to kill Teresa Halbach?

9. What motive would others have to kill Teresa Halbach, then try to frame Steven Avery for the crime?

10. On November 8th, more evidence is found on the Avery property. List the evidence and what it implies happened to Teresa Halbach.

“This is as close to a conspiracy of silence as I think you could find in a case.” -Walter Kelly, Civil Case Lawyer

CLOSE READING - Read closely the transcript from a portion of episode 2. Background: A reporter is interviewing Mike Halbach (Teresa’s brother) and Ryan Hillegas (Teresa’s ex-boyfriend). After reading, answer the questions below.

Excerpt from Episode 2 1. What is unusual about the way Ryan Hillegas answers the reporter’s ﬁrst question? Reporter: Did they ﬁnd anything while you were out searching?

Ryan Hillegas (Teresa's ex-boyfriend): I'm not really gonna comment on that, but if anything was found, you know, we had proper authority and had professionals take a look at it as needed.

Reporter: How many times were you on the site? You were there Saturday when they found 2. Though the questions asked by the reporter seem the car, but how many other times were you simple, the answers given are complicated. What on the site? additional information (that was never asked) is given by the two men to the reporters? Hillegas: I... I wasn't... I wasn't on the site.

Mike Halbach (Teresa's brother): You were never on the site.

Hillegas [to reporter]: ...that's not true at all.

Reporter: Did you get there, Mike? Were you a part of the... on the site searching?

Halbach: We... No, the people... I mean, the original... Who originally found the vehicle was a member of our search party. It was a member of our search party.

Hillegas: ...was a member of our search party.

Halbach: ...who asked permission to go onto 3. What does this additional information tell you about the the site. But no one other than that has ever men? What might they be nervous about or hiding? been on the Avery property.

Hillegas: ...on the actual site. It's been... Crime scene and taped off. Secured.

Transcript courtesy of http://transcripts.foreverdreaming.org/

QUESTIONS FOR SEASON 1, EPISODE 3

VIEW SEASON 1, EPISODE 3 (S1/EP3) and ANSWER the following questions: “The transformation from Steven 1. What irony is presented at the beginning of episode 3? Avery as wronged victim of a miscarriage of justice to Steven Avery, the horrendous murderer of an innocent young woman... was breathtaking. It left me stunned.”

-Walter Kelly, Avery’s Civil 2. What is the purpose of a preliminary trial? Rights Lawyer

3. Do you think there is enough evidence to charge Steven Avery with murder? Why or why not?

4. With Avery’s arrest for the murder of Teresa Halbach, what happens with his civil case against the Manitowoc County and former Sheriff Tom Kocourek and former DA Denis Vogel?

5. Avery says “Poor people lose. Poor people lose all the time.” Give examples from outside the series that supports his statement. How are “poor people” treated unfairly by the law? What disadvantages do they have?

6. Do you agree or disagree with Avery’s statement? Explain.

“Poor people lose. Poor people lose all the time.” -Steven Avery

7. Read the statement from prosecutor Ken Kratz on March 2nd, 2006, then answer the following question:

“I know that there are some news outlets that are carrying this live, and perhaps there may be some children that are watching this. I'm gonna ask that if you're under the age of 15, that you discontinue watching this press conference. We have now determined what occurred sometime between 3:45 p.m. and 10:00 or 11:00 p.m. on the 31st of October. Sixteen-year-old Brendan Dassey, who lives next door to Steven Avery in a trailer, returned home on the bus from school about 3:45 p.m. He retrieved the mail and noticed one of the letters was for his uncle, Steven Avery. As Brendan approaches the trailer, as he actually gets several hundred feet away from the trailer, a long, long way from the trailer, Brendan already starts to hear the screams. As Brendan approaches the trailer, he hears louder screams for help, recognizes it to be of a female individual and he knocks on Steven Avery's trailer door. Brendan says that he knocks at least three times and has to wait until the person he knows as his uncle, who is partially dressed, who is full of sweat... opens the door and greets his 16-year-old nephew. Brendan accompanies his sweaty 43-year-old uncle down the hallway to Steven Avery's bedroom. And there they ﬁnd Teresa Halbach completely naked and shackled to the bed. Teresa Halbach is begging Brendan for her life. The evidence that we've uncovered... establishes that Steven Avery at this point invites his 16-year-old nephew to sexually assault this woman that he has had bound to the bed. During the rape, Teresa's begging for help, begging 16-year-old Brendan to stop, that ‘you can stop this.’ Sixteen-year-old Brendan, under the instruction of Steven Avery... cuts Teresa Halbach's throat... but she still doesn't die.”

Does this change your opinion of Steven Avery? Why or why not?

8. Is Kratz’s statement an appropriate way to notify the press of the new details? Explain. Next, circle words or phrases in the statement above that may seem inappropriate or unprofessional for a county prosecutor release to the press/public before the case is tried in court.

9. According to Avery’s lawyers, how did investigators really mess up with Brendan’s interrogation?

“...when they say to Brendan, ‘Be honest,’ what they sort of mean is, ‘Don't tell us that, tell us something else.’ Something that fits their theory of the crime.” -Professor Lawrence White

QUESTIONS FOR SEASON 1, EPISODE 4

VIEW SEASON 1, EPISODE 4 (S1/EP4) and ANSWER the “We have a 16-year-old who, following questions: while morally and legally 1. Brendan’s lawyer (Len Kachinsky) calls Steven Avery “evil incarnate” to responsible, was heavily inﬂuenced the press. How might this statement affect potential jurors in Avery’s case? by someone that could only be described as something close to evil incarnate.”

-Len Kachinsky, Brendan Dassey’s Public Defender 2. Brendan is Steven’s alibi. How does his arrest affect Steven’s case, according to Steven’s lawyer Dean Strang?

3. Do you think minors should be allowed to be interviewed without their parents present (even if consent is given)? Why or why not?

4. Neither Brendan nor his mother know the meaning of the word “inconsistent” when told Brendan’s “statements were inconsistent.” What does this imply about Brendan’s ability to understand the circumstances in which he ﬁnds himself?

5. Does Michael O’Kelly, special investigator for Brendan’s defense, seem more interested in helping the defense (which is what he is paid to do) or helping the prosecution? Explain with examples.

6. What is Pete Baetz’s (investigator for Avery’s lawyers) opinion regarding the key found in Avery’s bedroom? Why does he feel this way?

“…you put the tape of his confession in the VCR or DVD player and play it, and, you know, there's our case right there.” -Mike Halbach, Teresa’s brother

7. Why does Jerry Buting (Steven’s lawyer) believe the RAV4 was planted? Do you agree or disagree with his logic? Explain.

8. Manitowoc County Sheriff Ken Peterson was one of the arresting ofﬁcers of Steven Avery in 1985. How might his bias toward Avery affect the case?

9. When someone is arrested, often their family and friends are unfairly judged by the public as a result of their association with the alleged criminal. Identify at least one person in the documentary who has been victimized as a result of Avery’s arrest. Explain how (and by whom) this person has been treated unfairly.

10. What happens to Brendan’s lawyer Len Kachinsky? Why?

11. What new revelation does Jerry Buting discover in Avery’s 1985 case ﬁle? Why is it an important discovery?

“Whatever [Brendan’s] personal failings are, there have been a series of systematic failings that are deeply troubling if you think about them too much…” -Dean Strang, Avery’s lawyer

WORD/PHRASE ORIGINS “This is a red-letter day for the defense.” -Jerry Buting, Episode 4

USING CONTEXT CLUES: When people use the phrase “red-letter day,” what are they implying?

SPECULATE/PREDICT: How do you think the term originated? If you have no idea, make up a story about its origin.

RESEARCH: Research the origin of the phrase. Originally, what did it literally refer to and (approximately) when did it become a ﬁgurative phrase?

QUESTIONS FOR SEASON 1, EPISODE 5

BEFORE VIEWING SEASON 1, EPISODE 5 (S1/EP5) DIRECTIONS: Read the first article (article #1) from the STEPS IN A Milwaukee, Wisconsin Journal Sentinel regarding the process for CRIMINAL CASE choosing a jury in Steven Avery’s case. Then answer the following questions: • Crime is committed 1. According to the reporter, what is unique about Avery’s case • Suspect arrested regarding the jury and trial? • District Attorney’s office reviews the case • Criminal charges are issued or declined • Suspect makes initial appearance • Suspect enters a plea • Preliminary hearing • Arraignment (defendant is officially charged) • Pre-trial conference 2. How are the 30 potential jurors selected? • Plea hearing • Selection of the jury • Trial • Sentencing 3. How many potential jurors can each side (prosecution and the • Appeal defense) eliminate from those 30? • Post-conviction motion hearing

4. Why do you think Avery’s lawyers insisted the jurors be from Manitowoc County, rather than selecting from the new venue?

5. How many Manitowoc County residents were summoned to ﬁll out questionnaires to be potential jurors?

24 Copyright © 2016 Tracee Orman Making a Murderer NAME: ______Date: ______ARTICLE #1 • EPISODEPeriod: _____ 5 Nine possible Steven Avery trial jurors picked Manitowoc County group will hear trial in Calumet County, where the victim lived

By Tom Kertscher of the Journal Sentinel, FEB. 6, 2007 Halbach was last seen with Avery, has generated intense interest in the case. Manitowoc — Jury selection began Monday in a trial that could determine whether Wisconsin's most famous But rather than seek a change of venue, Avery's lawyers exonerated man is also one of its most notorious killers. insisted that the jury be chosen from Manitowoc County. They have argued that the Manitowoc County Sheriff's Like many aspects of the Steven Avery case, the makeup of Department, which arrested Avery in the 1985 sexual the jury — combined with where the trial will be held — assault, planted evidence against him in Halbach's death. might be unique. Some potential jurors remained in consideration even Avery is charged with killing Teresa Halbach in Manitowoc after saying they believe Avery is probably guilty. The wife County, and residents from Manitowoc County will serve of an attorney said that, despite that belief, she could set on the jury. aside her opinion and consider the evidence, and she was But under an unusual agreement between Avery's lawyers not eliminated. and prosecutors, the trial will be held in neighboring Another woman still being considered said, "I believe the Calumet County, where Halbach lived. media has found (Avery) guilty," but "they're not going to Several veteran defense attorneys and former district tell me what to think." attorneys said they had never heard of such an Many of the potential jurors questioned were aware that arrangement. Avery's nephew, 17-year-old Brendan Dassey, also is The first step in selecting a jury is to choose 30 potential charged with killing Halbach. But some said they did not jurors through questioning from prosecutors, Avery's know that Dassey has reportedly recanted much of his lawyers and Manitowoc County Circuit Judge Patrick confession, which also implicated Avery. Willis. Dassey's trial is set for April 16. After Monday's questioning, nine people were chosen as Halbach, a 25-year-old photographer, was last seen Oct. potential jurors and two were eliminated. 31, 2005, taking pictures of a vehicle Avery was selling. Willis eliminated a Point Beach nuclear power plant Authorities say some of her remains were found outside security guard after the man said he believes Avery is Avery's home a few days later. guilty and did not think he could set aside that opinion. JURY SELECTION The judge also eliminated a 67-year-old retired brake press operator, saying the man seemed confused about the • 144 Manitowoc County residents were summoned Jan. trial process. 29 to the county courthouse to fill out questionnaires to be potential jurors for the Steven Avery trial. The Once 30 potential jurors are chosen, the prosecution and questions were written by Circuit Judge Patrick Willis, the defense can eliminate seven each, leaving 16 — who is presiding over the trial. including four alternates — for the trial. • A prosecutor, Avery's lawyers and the judge began On Monday, key questions concerned whether the questioning members of that pool Monday. potential jurors' had opinions about Avery, the Halbach case or the Manitowoc County Sheriff's Department. • After Monday'a questioning, nine members of the pool were selected as potential jurors. Once that number One of the prosecutors, assistant state attorney general reaches 30, perhaps today or Wednesday, prosecutors and Thomas Fallon, also asked several potential jurors whether Avery's lawyers will each be able to remove seven they had seen "The Thin Blue Line," but none had. potential jurors. That will leave 16 jurors to hear the case. The 1988 film led to a man being freed from prison after • 12 jurors will be chosen to deliberate on verdicts, and he had been wrongly convicted of killing a Dallas police four will be designated as alternates. officer in 1976. Avery's exoneration and release from prison in 2003 is what has made him so well-known in Wisconsin. DNA Original article appeared here: http://www.jsonline.com/news/crime/9- tests proved he did not commit a 1985 Manitowoc possible-avery-jurors-picked-b99643063z1-363821891.html Reprinted County sexual assault for which he served 18 years in with permission. prison. Avery's status as the first Wisconsin man exonerated by the Wisconsin Innocence Project, and the fact that

VIEW S1/EP5 and ANSWER the following questions:

1. Of the 130 questionnaires ﬁlled out by potential jurors, according to Jerry Buting how many believed Avery to be innocent?

2. What does this imply about the media coverage of the case at the time? How might it inﬂuence the verdict?

3. How does the information in the article about the selection of the jury (in particular, the judge’s actions) conﬂict with the information given by Avery’s lawyers regarding the potential jurors?

4. Do you think having a jury chosen from nearby ORIGINAL CHARGES Calumet County would have been less biased? Why or AGAINST STEVEN AVERY why not? LIST the six charges Avery was originally arrested for. Then circle those that that State decides to proceed with at the beginning of the trial.

5. EXTENDED ACTIVITY: Read articles #2 and #3. 6. What additional information is learned about the jurors and the case?

“If the Defense wants to put forth [that evidence was planted by law enforcement]...then they do so at their peril.” -Tom Fallen, special prosecutor for the State 26 Copyright © 2016 Tracee Orman Making a Murderer NAME: ______Date: ______Period: _____

5. What does the State intend to prove regarding the blood evidence? Why does this worry Avery’s lawyers? State of Wisconsin vs. Steven Avery

The Prosecution for the State: Ken Kratz Norm Gahn Thomas Fallon eee

Steven Avery’s 6. During opening speeches, what proof does Dean Strang use to show Defense: Manitowoc County’s involvement in the case? Cite evidence from the Jerry Buting documentary to support your answer. Dean Strang

7. How does Ken Kratz manipulate Bobby Dassey’s testimony, so much so that the Defense calls for a mistrial?

“Justice, it seems to me, is staying true to the set of principles we have, what we do when confronted with uncertainty about the truth.” -Dean Strang

8. How does Prosecutor Kratz deﬂect the reporter’s questions regarding his questioning of Bobby Dassey?

9. Do you believe Bobby Dassey’s testimony should be stricken or disregarded by the jury as Avery’s lawyers suggest? Why or why not?

10. Why can’t Avery’s lawyers identify other potential suspects in the murder of Teresa Halbach? Do you think this is fair for the Defense? Why or why not?

11. Which witnesses for the prosecution might be possible suspects in Teresa’s death? Why? (Use evidence from the episode to support your claim.)

“In most cases, the people who are close to the victim are the ones who are in fact the killers.” -Jerry Buting

Avery jurors have industrial, retiree bent Trial starts Monday in killing of photographer

By Tom Kertscher of the Journal Sentinel, FEB. 10, 2007 The evidence will be weighed by a 16-member jury. At the end of the trial, 12 jurors will be chosen at The jury for Steven Avery's homicide trial is random to render verdicts. dominated by people who hold blue-collar jobs or don't work, either because they are retired or are Here's a breakdown of the 16 jurors: homemakers. • Eight men and eight women. There's also a 41-year-old man who describes himself • The average age is 51 years old; only one is under as independently wealthy, retired and as a part-time singer in a rock 'n' roll band. 35. • Not counting the band singer, four jurors are retired Perhaps more to the point for Avery, the panel and two are homemakers. selected Friday includes a man whose son works for the Manitowoc County Sheriff's Department and a • The nine jurors who hold jobs include two laborers, man whose wife works for the Manitowoc County a mechanic, a maintenance man, a carpenter, a clerk of courts office. Avery, 44, is charged with killing telephone switchboard operator and a waitress. 25-year-old photographer Teresa Halbach. Halbach, who lived in Hilbert in Calumet County, had Those connections are significant because Avery visited Avery's home northwest of Mishicot in claims that a vial of his blood was left unsecured in Manitowoc County a number of times before being the clerk's office and that sheriff's deputies used it to called there by Avery on Oct. 31, 2005. Each time she plant his blood inside Halbach's vehicle. was there to take photos of vehicles he was selling The vehicle, along with some of Halbach's remains, through Auto Trader magazine. was found near Avery's home. Will Nephew Testify? Authorities also have said they found Avery's DNA A major unknown in the trial is whether Avery's on the key to Halbach's car and that the key was nephew, 17-year-old Brendan Dassey, will testify. found in his bedroom. In March, four months after Avery's arrest, Dassey Avery's team says he was framed over his wrongful told investigators that he and Avery raped and killed conviction in a 1985 sexual assault. The Manitowoc Halbach. But Dassey, whose trial is set for April 16, County Sheriff's Department arrested him in that has recanted much of his confession. case and did not pursue evidence indicating that another man committed the crime. In 2003, after Besides blood evidence, authorities say Avery's DNA Avery had served 18 years in prison, DNA tests was found on a key to Halbach's car and the key was linked Gregory Allen to the crime and Avery was found on the floor of Avery's bedroom. freed. Avery's lawyers have emphasized that the key was Avery had a $36 million lawsuit pending against found by a Manitowoc County sheriff's deputy who Manitowoc County when Halbach disappeared Oct. previously searched the bedroom twice. 31, 2005. The jury of Avery's peers was finalized Friday after Original article appeared here: http://www.jsonline.com/news/ four days of hearings in Manitowoc County Circuit wisconsin/29326359.html Reprinted with permission. Court. The trial will begin Monday morning in a new location, Calumet County Circuit Court in Chilton, because Avery's lawyers did not want Manitowoc County sheriff's deputies working as courtroom bailiffs and having contact with the jury. The trial is expected to last six weeks.

Steven Avery trial marks unusual moment in judicial history

By Tom Kertscher of the Journal Sentinel, FEB. 12, 2007 The Calumet County Courthouse, half an hour's drive from the courthouse in Manitowoc, has more Chilton — In a show of its uniqueness, the Steven Avery murder trial moves to Calumet County today, technically advanced courtrooms; Avery is being held following more than four days spent in Manitowoc in the Calumet County Jail; and the investigators and County picking a jury. prosecutors on the case are from the Sheriff's Department and district attorney's office in Calumet While a change of venue is sometimes done in court County, which is where Halbach lived. cases that generate intense publicity, the movement of the Avery trial is unusual. Moreover, Avery's lawyers did not want Manitowoc County sheriff's deputies working as courtroom Typically, the defendant in a high-profile case wants to bailiffs and having contact with the jury. move the trial, or bring in a jury from another county, in hopes of finding jurors unaffected by Avery's claim of a frame-up stems from his wrongful pretrial publicity. conviction in a 1985 sexual assault. The Manitowoc County Sheriff's Department arrested him in that But Avery has claimed that the Manitowoc County case and did not pursue evidence indicating that Sheriff's Department planted evidence against him in another man committed the crime. the killing of Teresa Halbach, and his lawyers insisted that Manitowoc County residents make up the jury. In 2003, after Avery had served 18 years in prison, DNA tests linked that man to the crime. On Friday, with 30 potential jurors having been questioned earlier in the week, Avery's lawyers and Avery's defense questions if Manitowoc County prosecutors winnowed the panel to 16 jurors for the deputies may have been motivated to plant Avery's trial. blood inside Halbach's car because he had a $36 million lawsuit pending against Manitowoc County Not until the end of the trial will four be chosen, at when Halbach disappeared on Oct. 31, 2005. random, to be alternates, leaving 12 to decide the verdicts. The car, as well as some of Halbach's remains, were found near Avery's home. Avery was arrested and he Beginning today, when lawyers will make their later settled his suit for $400,000. opening statements, jurors will be transported from Manitowoc to Chilton and back for each day of the trial, which is expected to last six weeks.

The jurors will return home each night. Original article appeared here: http://www.jsonline.com/news/crime/ avery-trial-marks-unusual-moment-in-judicial-history- Unusual setup b99643050z1-363821401.html Reprinted with permission. Several veteran defense attorneys and former prosecutors in southeastern Wisconsin said they had never heard of a jury being chosen from the county in which a crime occurred and the trial being held in a different county. For the Avery case, the trial isn't being moved far, and is being moved partly out of convenience.

30 Copyright © 2016 Tracee Orman Making a Murderer NAME: ______Date: ______Period: _____ ANALYZING THE EFFECTIVENESS OF THE STRUCTURE DIRECTIONS: Using the chart below, fill out the order of witnesses shown in this episode and explain how it differs from the chronological order. Then analyze why the filmmakers rearranged the order of the testimonies; what effect does on viewers? The first one has been completed for you. Analyze how the testimonies relate to one another and to the Witness Chronological Explain the purpose of the story, as it is told. What effect (Episode 5) Order (Day/#) testimony. does this order have on viewers? 1. Bobby Day 3, The prosecution attempts to show that Steven Dassey Witness #12 Avery joked about hiding Teresa’s body with family members before she was reported missing; the purpose is to discredit Avery and his defense with a seemingly reliable family member as an eyewitness. 2. o

3. o

4. o

5. o

6. o

7. o

8. o

SKILLS (RI.3, RI.5, RI.6): • Students will analyze the effectiveness of the structure the ﬁlmmakers use; • Students will evaluate whether the order makes the subject more clear, more engaging, and/or more persuasive in making a point or claim; 31• Students will analyze a sequence of events (witnesses) and explain how they relate to one another. Copyright © 2016 Tracee Orman Making a Murderer NAME: ______Date: ______WITNESS Period: CHART _____ ORDER OF WITNESSES in STATE of WISCONSIN vs. STEVEN AVERY Use this chart to analyze the order in which the ﬁlmmakers present the testimonies in the series. Chronological Order of Witnesses for STATE (Prosecution) Day 1 (2/12/07): Day 5 (2/16/07): Day 10 (2/23/07): Day 14 (3/1/07): 1. Michael Halbach (re: 18. Julie Cramer 31. Katie Halbach (Eisenberg, continued) RAV4; also see Day 18) 2. Thomas Pearce 19. SA Thomas Fassbender 32. Ronald Groffy 44. Curtis Thomas 3. David Beach 20. William Brandes, Jr. 33. Sherry Culhane 45. William Newhouse Day 2 (2/13/07): 21. Trooper Cindy Paine Day 11 (2/26/07): Day 15 (3/2/07): 4. Angela Schuster Day 6 (2/19/07): (Culhane, continued) 46. Kenneth Olson 5. Dawn Pliszka 22. John Ertl 34. Nick Stahlke 47. Dr. Jeffrey Jentzen 6. Curtis Drumm 23. Dep. David Siders Day 12 (2/27/07): Day 16 (3/5/07): 7. Steven Schmidt 24. Sgt. William Tyson (Stahlke, continued) 48. Dr. Marc Lebeau (FBI) 8. Joellen Zipperer Day 7 (2/20/07): 35. Blaine Dassey Day 17 (3/6/07): 9. Ryan Hillegas (Tyson, continued) 36. Robert Fabian 49. Lynn Zigmunt 10. Pamela Sturm 25. Sgt. Andrew Colborn 37. Scott Tadych (Lebeau recalled) Day 3 (2/14/07): 26. Lt. James Lenk 38. Bobbie Dohrwardt Day 18 (3/6/07): 11. Nicole Sturm Day 8 (2/21/07): 39. Laura Schadrie 50. SA Rodney Pevytoe 12. Bobby Dassey (Lenk, continued) (Dohrwardt recalled) 51. Michael Riddle 13. Timothy Austin 27. Det. Dave Remiker Day 13 (2/28/07): 52. Anthony J. Zimmerman Day 4 (2/15/07): 28. Lt. Dan Kucharski 40. SA Tom Sturdivant 53. Michael Halbach (re: cell phone) (Bobby Dassey recalled) Day 9 (2/22/07): 41. Dr. Donald Simley 54. Inv. Mark Wiegert 14. Lt. Brett Bowe (Kucharski, continued) 42. Karen Halbach 15. Dep. Peter O’Conner 29. Inv. Gary Steier 43. Dr. Leslie Eisenberg 16. Sgt. Jason Orth 30. SA Kevin Heimerl 17. Dep. Todd Herman

Chronological Order of Witnesses for DEFENSE Day 19 (3/8/07): Day 20 (3/9/07):

1. Lisa Buchner 5. Janine Arvizu

2. John Leurquin 6. Dr. Scott Fairgrieve

3. Roland Johnson 7. Inv. Mark Wiegert

4. Debra Kakatsch

QUESTIONS FOR SEASON 1, EPISODE 6

VIEW SEASON 1, EPISODE 6 (S1/EP6) and ANSWER the following questions: 1. Why do you think the ﬁlmmakers chose to begin the episode with the March, 2006 press conference rather than continue with Andrew Colborn’s testimony? What effect does it have on the story?

2. How many times did law enforcement search the Avery property before ﬁnding the bullet in the garage on March 2nd?

3. Why is the March investigation questionable?

4. Why is the DNA testing performed by Sherry Culhane, the forensic analyst, questionable? Explain.

Jerry Buting, Avery’s lawyer: “And then [Mr. Fassbender] says, or wrote down, ‘Try to put her in his house or garage.’ Correct?” 5. Do you think Fassbender’s note had an impact on how Sherry interpreted the DNA on the Sherry Culhane, DNA analyst: “Correct.” bullet? Why or why not? -from Buting’s questioning during trial

“The manner of death in this case was by homicidal violence.” -Dr. Leslie Eisenberg, Forensic Anthropologist

6. What doubts do Steven’s lawyers have about the gunshot in the garage? What evidence backs up their doubts?

7. The prosecution argues that Avery used household cleaning products to clean the ﬂoor of the garage, eliminating Teresa’s DNA. What ﬂaw does the Defense point out with this argument?

8. A reporter questions Kratz about the evidence, stating that the case is circumstantial. Kratz’s response is, “We have lots and lots of scientiﬁc evidence in this case that points to one individual having committed the crime, and I’m conﬁdent that the verdict will...will speak the truth.” At this point in the series, do you agree or disagree with his statement? Is the evidence more circumstantial, requiring inferences to be drawn and corroborating evidence to support it? Or do you believe it to be direct evidence, which needs no further explanation or evidence to support the truth? Explain your answer.

“The evidence don’t make no sense. The State ain’t gotta prove nothin’. A innocent person always gotta prove his self.” -Steven Avery

35 Copyright © 2016 Tracee Orman Making a Murderer NAME: ______Date: ______Period: _____ ANALYZING THE EFFECTIVENESS OF THE STRUCTURE DIRECTIONS: Using the chart below, fill out the order of witnesses shown in this episode and explain how it differs from the chronological order. Then analyze why the filmmakers rearranged the order of the testimonies; what effect does on viewers? The first one has been completed for you. Analyze how the testimonies relate to one another and to the Witness Chronological Explain the purpose of the story, as it is told. What effect (Episode 6) Order (Day/#) testimony. does this order have on viewers? 1. Kevin Day 9, The prosecution is attempting to show the jury Heimerl Witness #30 that the reason it may have taken so long to find the bullet is because there was so much junk in the garage covering it on previous searches. 2. o

3. o

4. o

5. o

6. o

8. o

9. o

10. o

11. o

SKILLS (RI.3, RI.5, RI.6): • Students will analyze the effectiveness of the structure the ﬁlmmakers use; • Students will evaluate whether the order makes the subject more clear, more engaging, and/or more persuasive in making a point or claim; 37• Students will analyze a sequence of events (witnesses) and explain how they relate to one another. Copyright © 2016 Tracee Orman Making a Murderer NAME: ______Date: ______WITNESS Period: CHART _____ ORDER OF WITNESSES in STATE of WISCONSIN vs. STEVEN AVERY Use this chart to analyze the order in which the ﬁlmmakers present the testimonies in the series. Chronological Order of Witnesses for STATE (Prosecution) Day 1 (2/12/07): Day 5 (2/16/07): Day 10 (2/23/07): Day 14 (3/1/07): 1. Michael Halbach (re: 18. Julie Cramer 31. Katie Halbach (Eisenberg, continued) RAV4; also see Day 18) 2. Thomas Pearce 19. SA Thomas Fassbender 32. Ronald Groffy 44. Curtis Thomas 3. David Beach 20. William Brandes, Jr. 33. Sherry Culhane 45. William Newhouse Day 2 (2/13/07): 21. Trooper Cindy Paine Day 11 (2/26/07): Day 15 (3/2/07): 4. Angela Schuster Day 6 (2/19/07): (Culhane, continued) 46. Kenneth Olson 5. Dawn Pliszka 22. John Ertl 34. Nick Stahlke 47. Dr. Jeffrey Jentzen 6. Curtis Drumm 23. Dep. David Siders Day 12 (2/27/07): Day 16 (3/5/07): 7. Steven Schmidt 24. Sgt. William Tyson (Stahlke, continued) 48. Dr. Marc Lebeau (FBI) 8. Joellen Zipperer Day 7 (2/20/07): 35. Blaine Dassey Day 17 (3/6/07): 9. Ryan Hillegas (Tyson, continued) 36. Robert Fabian 49. Lynn Zigmunt 10. Pamela Sturm 25. Sgt. Andrew Colborn 37. Scott Tadych (Lebeau recalled) Day 3 (2/14/07): 26. Lt. James Lenk 38. Bobbie Dohrwardt Day 18 (3/6/07): 11. Nicole Sturm Day 8 (2/21/07): 39. Laura Schadrie 50. SA Rodney Pevytoe 12. Bobby Dassey (Lenk, continued) (Dohrwardt recalled) 51. Michael Riddle 13. Timothy Austin 27. Det. Dave Remiker Day 13 (2/28/07): 52. Anthony J. Zimmerman Day 4 (2/15/07): 28. Lt. Dan Kucharski 40. SA Tom Sturdivant 53. Michael Halbach (re: cell phone) (Bobby Dassey recalled) Day 9 (2/22/07): 41. Dr. Donald Simley 54. Inv. Mark Wiegert 14. Lt. Brett Bowe (Kucharski, continued) 42. Karen Halbach 15. Dep. Peter O’Conner 29. Inv. Gary Steier 43. Dr. Leslie Eisenberg 16. Sgt. Jason Orth 30. SA Kevin Heimerl 17. Dep. Todd Herman

Chronological Order of Witnesses for DEFENSE Day 19 (3/8/07): Day 20 (3/9/07):

1. Lisa Buchner 5. Janine Arvizu

2. John Leurquin 6. Dr. Scott Fairgrieve

3. Roland Johnson 7. Inv. Mark Wiegert

4. Debra Kakatsch

QUESTIONS FOR SEASON 1, EPISODE 7

VIEW SEASON 1, EPISODE 7 (S1/EP7) and ANSWER the “As we needed items on the following questions: property to conduct searches, 1. Did Manitowoc County merely provide “equipment” as needed to Calumet they provided that piece of County law enforcement, as Sheriff Pagel asserts in the Nov. 10, 2005 press equipment and that's their role conference? Explain the role Manitowoc law enforcement and ofﬁcials played and their only role in this in the case according to the documentary. investigation.”

-Sheriff Pagel, Calumet County

2. When did Sgt. Colborn write his follow-up report after interviewing Steven Avery on Nov. 3, 2005?

3. Research the reasons law enforcement ofﬁcers write reports, what they should include in their reports, and the timeliness of writing the reports. After researching what standard measures are for writing a report, do you think Sgt. Colborn was under obligation to write a report about his interview with Avery on Nov. 3rd? Why or why not? Use evidence from your research to support your opinion.

“...to suggest that these police officers planted evidence with nothing, that is, with not one shred, at least anything that I've seen, that approaches evidence, I think is absolutely deplorable.” -Ken Kratz

4. SPECULATE: Read Sgt. Colborn’s Nov. 8, 2005 report below. Why do you think he fails to mention ﬁnding the Toyota key in Avery’s bedroom? For what reason(s) would someone leave out of their report key information and evidence? (See image below. Original document can be found on page 15 here: MTSO summary report)

5. Episode six ends with Lt. Lenk’s swearing in for his testimony. But episode seven does not begin with Lenk’s testimony. Why do you think the ﬁlmmakers wait until later in the episode to reveal Lenk’s testimony? Evaluate the decision and analyze how the episode would differ if the ﬁlmmakers had opened with Lenk’s testimony.

6. Why is it important to keep a log of all the people entering and exiting the Avery property after the discovery of the RAV4 on the site?

“Look... if the guy's capable of planting a key... who's to say he's not capable of planting blood?” - Jerry Buting

7. The filmmakers have asserted that they wished to expose the flaws in the U.S. criminal justice system through this documentary. What is one particular flaw that is pointed out by Jerry Buting regarding the DNA testing procedure?

8. Which of the four charges does Judge Willis decide to drop? Why?

9. Though Avery is back to the three original charges in the case, why is it hard for Avery and his lawyers to be happy about it?

10. Slander is the action (or crime) of making a false spoken statement that is damaging to a person’s reputation. Do you believe the March press conferences by the State (Calumet Co. DA Ken Kratz and Sheriff Jerry Pagel were slanderous to Avery’s reputation? Why or why not?

11. Do you think Avery should have testiﬁed? Why or why not?

“I’m not in the business of just guessing what’s in samples. We have to test samples to decide what’s in samples.” -Janine Arvizu

CLOSE READING ACTIVITY: Re-read Jerry Buting’s cross examinations of Sgt. Tyson and Lt. Kucharski. Find and explain the difference in the way Buting questions each witness. Analyze and evaluate Buting’s line of questioning for each witness. How do the questions differ? Why does he use these different approaches?

From: Tyson: Yes. State of Wisconsin v. Steven A. Buting: It was because of this man right here, right? Avery, Feb. 20, 2007 Tyson: I believe that's correct. Buting: And it was this man right here's trailer that Testimony from Sgt. William Tyson you were in. Cross-examination by Jerry Buting Tyson: Yes. : And so that, of all places, you knew was Tyson: Investigator Wiegert told me my Buting responsibility would be to go with [other law important that you make sure that these Manitowoc enforcement officers] into the Steve Avery trailer officers not be alone. and to document what they were doing and if Tyson: Correct. evidence was seized by them, to take custody of all Buting: And so you kept an eye on them, didn't the evidence. you? Buting: Now you said that you were teamed up Tyson: I was watching what they were doing, yes. with other officers. Do you remember who was in Buting: Had you ever, in any other search in your your team? entire career... had to act like a babysitter or a watch Tyson: Yes, it was Lieutenant Jim Lenk from the dog for the officers who were conducting a search? Manitowoc County Sheriff's Department, Sergeant Tyson: No. Andy Colborn from the Manitowoc County Sheriff's Buting: This was a first for you, wasn't it? Department and Detective Dave Remiker from the Manitowoc County Sheriff's Department. Tyson: Yes. Buting: You knew that the district attorneys told Buting: And would you agree with me that it those officers not to be alone on any property, right? would've been very difficult... for Lieutenant Lenk or Sergeant Colborn to have planted a Toyota key in Tyson: Yes. that residence under your watch? Kratz: Mischaracterization, Judge. He said the Tyson: I believe it would've been difficult. Manitowoc County District Attorney. Buting:'Cause you were watching them. Buting: I don't particularly care which district attorney. It's a district attorney, all right? Tyson: To the best of my ability, yes. [Buting to Tyson]: You knew that. Buting: You were not with Mr. Lenk and Mr. Colborn when they reentered Steven Avery's Tyson: Yes. residence... on November 8th, were you? Buting: And you knew that if anything, of all the Tyson: That's correct. places that they should not be alone, it would be in Mr. Avery's trailer, right? Buting: And that is the occasion when a key was found, right? Tyson: We did not know that on that day. Tyson: That is my understanding. Buting: Mr. Avery was the one who was suing them, right? You knew that? Tyson: I was aware of that fact, yes. Buting: You knew that. Tyson: That's right. Buting: And you knew that's why Manitowoc transferred authority over to Calumet, right?

From: function was to be a watch dog for Mr. Lenk and Mr. State of Wisconsin v. Colborn, were you? Steven A. Avery, Feb. 22, 2007 Kucharski: That's correct. Buting: I take it it never occurred to you that a law enforcement officer would plant evidence, did it? Testimony from Lt. Dan Kucharski Kucharski: No. Direct questioning by Ken Kratz; Buting: That was not on your radar, was it? Cross-examination by Jerry Buting Kucharski: No. Kratz: What about your observations do you believe it was impossible or improbable for them to [some testimony edited out of footage] plant that key? Kucharski: My actual obser vations, um, I would Buting: Now what we do know is that when you have to say that... that it could be possible. As in, I was came into that bedroom the first time, there was no doing other things, I was taking photographs, I was, key on the floor, was there? um... searching the night stand. So if we're just Kucharski: That's correct. limiting it to if it was possible that they could do it without me seeing it, I would say, yes, I guess it is Buting: In any event, you did not hear it hit the possible. floor, carpet or otherwise? Kratz: All right. And is that in the sense of anything's Kucharski: Correct. possible? Buting: And as you, not Lieutenant Lenk and Kucharski: That's in the sense of it's possible aliens Colborn, but as you were sitting there, thinking, my put it there, I guess. gosh, how did this key get here, one of the theories that did not occur to you was that Lieutenant Lenk or Colborn perhaps put it there, was it? [CROSS-EXAMINATION] Kucharski: Did not occur to me, no. Buting: But as you testified before, because you Buting: There weren't any aliens in the room, right? were busy and occupied with other duties, it is Kucharski: Not that I know of. possible that that might have happened without you Buting: So it being possible in the same way that seeing it, isn't it? aliens are possible really isn't a fair characterization Kucharski: Possible. of what you meant, is it? Buting: Thank you. Kucharski: I don't understand. Buting: All right. Let me tr y it this way. You were not told at the beginning of that shift that your

QUESTIONS FOR SEASON 1, EPISODE 8

VIEW SEASON 1, EPISODE 8 (S1/EP8) and ANSWER the following questions: 1. Though Dean Strang knows Steven Avery will never get his reputation back, what does he hope Avery can get back?

2. What does “liberty” mean to you? How much do you value your liberty? Explain.

3. In Ken Kratz’s closing arguments, he states that in order to believe the Defense’s theory that law enforcement planted evidence, they must believe that law enforcement killed Teresa Halbach. Analyze his use of persuasiveness. Is his argument logical? Reasonable? Explain.

4. Dean Strang argues that law enforcement ofﬁcers do not plant evidence to frame the innocent, but do it because they believe the person is guilty to ensure a conviction. Analyze his use of persuasiveness. Is his argument logical? Reasonable? Explain.

5. What happens in the jury deliberations that forces Avery to make a decision? Explain his decision and whether you think it made a difference or not in the overall verdict.

“Reasonable doubt is for innocent people.” -Ken Kratz

6. What is the verdict in Avery’s case? (List the jury’s decisions for all three counts.)

7. Is the jury’s verdict logical? Why or why not?

8. Based on the jury’s verdicts for each count, which pieces of evidence did they believe pointed to Avery’s guilt? Which pieces of evidence did the jury disregard?

9. Explain the hypocrisy in Ken Kratz’s closing statement, “All the evidence shows that one man and one man only is responsible for the death of Teresa Halbach” as pointed out by Dean Strang.

10. What challenges do Brendan’s lawyers face going into his trial?

“All the evidence shows that one man and one man only is responsible for the death of Teresa Halbach.” -Ken Kratz

WORD/PHRASE ORIGINS “...That makes it a little more difﬁcult, because you don't usually get more than one crack at it.” -Mark Fremgen, Episode 8

USING CONTEXT CLUES: When people use the phrase “crack at it,” what are they implying?

SPECULATE/PREDICT: How do you think the colloquialism originated? If you have no idea, make up a story about its origin.

RESEARCH: Research the origin of the phrase. Originally, what did it literally refer to and (approximately) when did it become a colloquialism?

QUESTIONS FOR SEASON 1, EPISODE 9

VIEW SEASON 1, EPISODE 9 (S1/EP9) and ANSWER the following questions: 1. What evidence does the State have of Brendan Dassey’s involvement in the murder of Teresa Halbach?

2. Read the excerpt below regarding false confessions:

“A false confession is an admission of guilt for a crime for which the confessor is not responsible. False confessions can be induced through coercion or by the mental disorder or incompetency of the accused. Research demonstrates that false confessions occur on a regular basis in case law, which is one reason why jurisprudence has established a series of rules - called ‘confession rules’ - to detect, and subsequently reject, false confessions. Plea agreements typically require the defendant to stipulate to a set of facts establishing that he/she is guilty of the offense; in the United States federal system, before entering judgment on a guilty plea, the court must determine that there is a factual basis for the plea.” -from Legal Information Institute, Cornell Law

Based on the information above, answer the following questions:

a. Do you believe Brendan Dassey’s confession was coerced or could be deemed a false confession? Why or why not?

b. Do you think the State has enough evidence to negotiate a plea bargain with Brendan Dassey? Why or why not?

3. Do you believe Kayla Avery’s testimony on the stand? Why or why not?

“ Talk about it. I promise, I will not leave you high and dry. I'll stand behind you.” -Tom Fassbender to Brendan Dassey

4. Does the evidence (or lack thereof) in the case support Brendan Dassey’s testimony or not? Explain.

5. What is the verdict in Brendan Dassey’s trial?

6. Evaluate Judge Willis’ statement during Steven Avery’s sentencing. Which previous “crimes” could he be referring to? Do his statements match the jury’s verdicts in the trial? Explain.

“In terms of assessing your danger to society, the evidence forces me to conclude that you are probably the most dangerous individual ever to set foot in this courtroom. Your attorney has argued eloquently that the court should make you eligible for release at some point in the future. But from what I see, nothing in your life suggests that society would ever be safe from your behavior. One of the things that strikes me the most is that as you've grown older, your crimes have increased in severity. This crime was committed at a time when you were 43 years old. Given the trend of your crimes, uh... society has a legitimate right to be concerned that there is a serious risk you would reoffend and commit serious offenses if you're ever permitted to be released from prison.”

“We’ve been praising the police all along...We love the police. The other family obviously doesn’t, so…” -Mike Halbach

QUESTIONS FOR SEASON 1, EPISODE 10

VIEW SEASON 1, EPISODE 10 (S1/EP10) and ANSWER the following questions: STEPS IN A 1. How has Steven Avery’s conviction affected his family? CRIMINAL CASE

• Crime is committed • Suspect arrested • District Attorney’s ofﬁce reviews the case 2. Who helps Brendan Dassey in his post-conviction motion hearing for • Criminal charges are issued or a new trial? What do they argue on his behalf? declined • Suspect makes initial appearance • Suspect enters a plea • Preliminary hearing • Arraignment (defendant is ofﬁcially charged) • Pre-trial conference • Plea hearing • Selection of the jury • Trial • Sentencing • Appeal 3. In what way was Dassey used as a pawn by prosecutors in the Steven Avery case? • Post-conviction motion hearing

4. If Dassey had not confessed, do you believe Steven Avery would have been convicted? Why or why not? Give evidence from the documentary and any other resources used.

“[Brendan] needs to trust me in the direction that I steer him into. We need to separate him from fantasy and bring him to see reality from our perspective." -Michael O’Kelly

5. Who is Sandy Greenman and how did she become involved in Avery’s life?

6. What information is revealed about prosecutor Ken Kratz?

7. Explain the irony in Kratz’s statement: “I had gone from being one of the most respected DAs in the state to viliﬁed and hated and altogether forgotten.”

8. Research the latest motions and appeals in the Avery and Dassey cases. Where do the men stand as far as being exonerated or having a new trial? Cite your sources.

“...this may take a while to right this wrong. It took 18 years the last time. I certainly hope it doesn't take another 18 years.” -Jerry Buting

WRITING ASSIGNMENTS

EXPLANATORY/INFORMATIVE ESSAY

PROMPT AFTER viewing season one of “Making a Murderer,” write an explanatory essay which answers or addresses the following questions:

• What problems with the American justice system does the series address? • What can be done to solve, rectify, or diminish these problems?

State explicit examples from the documentary, as well as examples from other cases in the American justice system.

ESSAY GUIDELINES • FOCUS: Focus on answering the prompt questions to maintain a clear topic/central idea and purpose (to inform your audience). • ORGANIZATION: Include an introduction, body, and conclusion. • SUPPORTING EVIDENCE: Use examples from the series, as well as outside examples to address the problems in the justice system. • STYLE: Use a formal style and format for explanatory/informative essays. • DOCUMENTATION: Cite your evidence using the proper format. • CONVENTIONS: Use proper grammar and mechanics.

GRADING RUBRIC: EXPLANATORY/INFORMATIVE ESSAY

Below/ Description Exceeds Skilled Meets/Proficient Developing Inadequate SCORE Focus: • The text clearly • The text focuses on • The text has a topic • The text has an • The text has an • The text focuses on a focuses on a an interesting topic that informs the unclear topic with unidentifiable topic topic to inform a reader compelling topic that that informs the reader with ideas, some ideas, with minimal ideas, with ideas, concepts, informs the reader reader with ideas, concepts, and concepts, and concepts, and with ideas, concepts, concepts, and information that information. information. information that creates and information that information that creates a unified a unified whole. creates a unified creates a unified whole. CCSS.ELA-Literacy.W.2 whole. whole. CCSS.ELA-Literacy.W.2a CCSS.ELA-Literacy.W.7 CCSS.ELA-Literacy.W.10 Development & • The text provides • The text provides • The text provides • The text provides • The text contains Support (Evidence): significant facts, effective facts, relevant facts, facts, definitions, limited facts and • The text presents definitions, concrete definitions, concrete definitions, concrete details, quotations, examples related to relevant facts, definitions, details, and details, quotations, and details, quotations, and and examples that the topic. quotations that fully examples that examples that develop attempt to develop concrete details, develop and explain sufficiently develop and explain the topic. and explain the quotations, and examples. the topic. and explain the topic. topic. CCSS.ELA-Literacy.W.2b CCSS.ELA-Literacy.W.2f CCSS.ELA-Literacy.W.7 CCSS.ELA-Literacy.W.8 CCSS.ELA-Literacy.W.9 Cohesion: • The text • The text skillfully • The text uses • The text contains • The text contains • The text uses strategically uses uses words, phrases, words, phrases, and limited words, few, if any, words, appropriate and varied words, phrases, and and clauses to link the clauses to link the phrases, and clauses phrases, and clauses transitions to link the clauses to link the major sections of the major sections of the to link the major to link the major major sections of text. The text text. The text sections of the text. sections of the text. major sections of the text. The text explains identifies the connects the topic The text attempts The text does not text, creates cohesion, the relationships relationship between and the examples and/ to connect the topic connect the topic and clarifies the between the topic the topic and the or facts. and the examples and the examples relationships among and the examples examples and/or facts. • The conclusion ties and/or facts. and/or facts. complex ideas and and/or facts. • The conclusion to and supports the • The conclusion • The text may fail to concepts. • The conclusion provides the information/ merely restates the offer a conclusion. provides insight to implications, explanation. development. • The conclusion ties to the implications, significance of and and supports the explains the future relevance of information/explanation. significance of the the topic, etc. CCSS.ELA-Literacy.W.2 topic, and projects to CCSS.ELA-Literacy.W.2c the future, etc. CCSS.ELA-Literacy.W.2f CCSS.ELA-Literacy.W.4 Language, Style, • The text presents an • The text presents an • The text presents a • The text illustrates • The text illustrates and Audience: engaging, formal, and appropriate formal, formal, objective tone a limited awareness a limited or • The text presents a objective tone and objective tone and and uses precise of formal tone and inconsistent tone and formal, objective tone uses sophisticated uses relevant language language and topic- awareness of topic- awareness of topic- language and topic- and topic-specific specific vocabulary to specific vocabulary. specific vocabulary. and uses precise specific vocabulary to vocabulary to manage manage the • The text illustrates • The text lacks an language and topic- manage the the complexity of the complexity of the an inconsistent awareness of the specific vocabulary to complexity of the topic. topic. awareness of the audience’s knowledge manage the complexity topic. • The text anticipates • The text considers audience’s level and needs. of the topic. • The text the audience’s the audience’s knowledge level and • The author anticipates consistently knowledge level and knowledge level and needs. addresses the concerns about the concerns about the the audience’s audience’s knowledge topic. claim. background knowledge level and concerns of the topic. about the topic. CCSS.ELA-Literacy.W.2d CCSS.ELA-Literacy.W.4 Conventions/ • The text • The text uses • The text • The text • The text contains Documentation: intentionally uses standard English demonstrates demonstrates some multiple inaccuracies • The text demonstrates standard English conventions of usage standard English accuracy in standard in standard English standard English conventions of usage and mechanics. conventions of usage English conventions conventions of usage and mechanics. • MLA requirements and mechanics. of usage and and mechanics. conventions of usage • Used proper were met for • MLA requirements mechanics. • Documentation and and mechanics along citations and documentation and were met for • Documentation citations are missing with discipline- specific documentation using citations. documentation and and citations are or incomplete. requirements (MLA). MLA requirements. citations. missing or CCSS.ELA-Literacy.W.2e incomplete. CCSS.ELA-Literacy.W.5

TOTAL COMMENTS:

ARGUMENT ESSAY

PROMPT AFTER viewing season one of “Making a Murderer,” write an argumentative essay which answers or addresses the following question:

• Do you believe Steven Avery and Brendan Dassey are guilty of murdering Teresa Halbach?

State explicit examples from the documentary, as well as from primary documents from the case, to support your claim.

ESSAY GUIDELINES • FOCUS: Focus on answering the prompt question to maintain a clear claim and purpose (to persuade your audience). • ORGANIZATION: Include an introduction, body, and conclusion. • SUPPORTING EVIDENCE: Use examples from the documentary and from primary documents from the case to support your claim. • STYLE: Use a formal style and format for argumentative essays. • DOCUMENTATION: Cite your evidence using the proper format. • CONVENTIONS: Use proper grammar and mechanics.

LINKS TO PRIMARY DOCUMENTS

TRIAL TRANSCRIPTS CALUMET CO. INVESTIGATIVE REPORT

POLICE INTERROGATIONS MANITOWOC CO. INVESTIGATIVE REPORTS

POLICE REPORTS EXHIBITS & ADDITIONAL DOCS

PHOTO EVIDENCE

59 Copyright © 2016 Tracee Orman Making a Murderer NAME: ______Date: ______Period: _____ GRAPHIC ORGANIZER: Using the chart below, organize the facts (evidence, testimony, expert opinion, etc.) in the case that you believe determine Steven Avery’s innocence and/or guilt. Use this chart to help you form a fact-based opinion for your argument essay. INNOCENT GUILTY

GRADING RUBRIC: ARGUMENTATIVE ESSAY

Below/ Description Exceeds Skilled Meets/Proﬁcient Developing Inadequate SCORE Claim & Evidence The text introduces a The text introduces a The text introduces a The text introduces a The text contains an CCSS.ELA- precise claim and good claim and minor claim and a minor claim, but no minor unidentiﬁable claim Literacy.CCRA.W.1 minor claims. The text claims. The text is claim. The text is claims. The text has or vague position. is organized to support organized to support somewhat organized to little organization to The text has limited the claim and minor the claim and minor support the claim and support the claim. structure and claims. claims. minor claims. organization.

Development & The text provides The text provides The text provides The text provides The text contains Conclusion convincing and relevant sufﬁcient and relevant sufﬁcient data and data and evidence limited data and CCSS.ELA- data and evidence to data and evidence to evidence to back up that attempts to back evidence related to Literacy.CCRA.W.8 back up the claim and back up the claim and the claim and up the claim and the claim and CCSS.ELA- Literacy.CCRA.W.9 effectively addresses addresses addresses unclearly addresses counterclaims or CCSS.ELA- counterclaims. The counterclaims fairly. counterclaims. The counterclaims or lacks counterclaims. Literacy.CCRA.R.7 conclusion strengthens The conclusion conclusion ties to the lacks counterclaims. The text may fail to CCSS.ELA- the claim and evidence. effectively reinforces claim and evidence. The conclusion conclude the Literacy.CCRA.R.8 the claim and merely restates the argument or evidence. position. position.

Audience The text consistently The text anticipates The text considers the The text illustrates an The text lacks an CCSS.ELA- addresses the the audience’s audience’s knowledge inconsistent awareness of the Literacy.CCRA.W.4 audience’s knowledge knowledge level and level and concerns awareness of the audience’s level and concerns concerns about the about the claim. The audience’s knowledge knowledge level and about the claim. The claim. The text text addresses the level and needs. needs. text addresses the addresses the speciﬁc needs of the audience. speciﬁc needs of the needs of the audience. audience.

Cohesion The text strategically The text skillfully uses The text uses words, The text contains The text contains CCSS.ELA- uses words, phrases, words, phrases, and phrases, and clauses to limited words, few, if any, words, Literacy.CCRA.W.4 and clauses to link the clauses to link the link the major sections phrases, and clauses phrases and clauses major sections of the major sections of the of the text. The text to link the major to link the major text. The text explains text. The text connects the claim and sections of the text. sections of the text. the relationships identiﬁes the reasons. The text links The text attempts to The text does not between the claim and relationship between the counterclaims to connect the claim and connect the claims reasons as well as the the claim and reasons the claim. reasons. and reasons. evidence. The text as well as the strategically links the evidence. The text counterclaims to the effectively links the claim. counterclaims to the claim.

Style and The text presents an The text presents an The text presents a The text illustrates a The text illustrates a Conventions engaging, formal and appropriate and formal, objective tone. limited awareness of limited awareness or CCSS.ELA- objective tone. The formal, objective The text demonstrates formal tone. The text inconsistent tone. Literacy.CCRA.W.5 text intentionally uses tone. The text standard English demonstrates some The text illustrates CCSS.ELA- Literacy.CCRA.L.1 standard English demonstrates conventions of usage accuracy in standard inaccuracy in CCSS.ELA- conventions of usage standard English and mechanics along English conventions of standard English Literacy.CCRA.L.2 and mechanics along conventions of usage with discipline specific usage and mechanics. conventions of usage CCSS.ELA- with discipline-specific and mechanics along requirements (i.e. and mechanics. Literacy.CCRA.L.3 requirements (i.e. with discipline specific MLA, APA, etc.). MLA, APA, etc.). requirements (i.e. MLA, APA, etc.).

TOTAL

COMMENTS:

EPISODES 3, 4, 8, 9, 10 CLOSE READING: Read the following information about using the Reid interrogation technique and false confessions, written by former FBI agent and supervisor Steven Moore, then complete the writing assignment below:

The tactics used by all the interrogators confessions and, therefore, the investigator were similar (though not completely should be cautious in utilizing active aligned with current tactics) to those persuasion such as discouraging weak denials, taught by John E. Reid and Associates, overcoming objections or engaging in deceptive a firm specializing in a specific form of practices. Proper corroboration of a confession interrogation which they propagate will be critical with this group of suspects. through nationwide classes and seminars. Interrogations are not, ...Crucial evidence that would be regardless of what Reid might say, known only to the murderer (that anything but an attempt to obtain a Halbach was killed by a gunshot to the confession. They are not attempts to head) was fed to Dassey. Then, after the clean information not already known by information was given to him and he law enforcement. However, even ‘Reid’ repeated it, the police used his cautions against what was done to “culpable knowledge” of the specific Dassey: details of the crime as corroboration of his culpability. Exercise extreme caution when interrogating juveniles, suspects with a lower intelligence or suspects with mental impairments. This class “‘Making a Murderer,’ An FBI Agent’s Take on of suspects is more susceptible to false Episode 4, Part 1 of 3,” Moore to the Story

SUPPORTING EVIDENCE: Search for examples in the transcripts of the interrogations by Tom Fassbender and Mark Wiegert that might support or dispute Mr. Moore’s assessment that Brendan’s confession was indeed a false confession. Take notes of your ﬁndings.

ORIGINAL TRANSCRIPTS: You can ﬁnd the original interrogation transcripts at the following links:

First interview (Feb. 27, 2006, at high school) Second interview (Feb. 27, 2006, at police dept.)

Third interview (March 1, 2006) Fourth interview (May 13, 2006)

WRITING A SUMMARY: Write a summary of your ﬁndings and your conclusion as to whether or not you believe Brendan’s confession is false.

WRITING RUBRIC

5 4 3 2 1 Criteria Exceptional Skilled Proficient Developing Inadequate TOTAL

FOCUS

DEVELOPMENT & SUPPORT

COHESION

LANGUAGE, STYLE, & AUDIENCE

CONVENTIONS/ DOCUMENTATION

TOTAL

2013 © TOrman

EPISODE ANALYSIS

66 Copyright © 2016 Tracee Orman Making a Murderer NAME: ______Date: ______Period: _____ EPISODE ANALYSIS EPISODE # ______1. Identifying the CENTRAL IDEA - Determine the central idea of the episode. Central Idea:

Cite details (facts, quotes) from the episode that express and/or support the central idea: a.

Analyzing the Filmmaker’s POINT OF VIEW - Analyze and determine the filmmaker’s position and/or intended meaning and whether or not the filmmakers are reliable. NOTE: The Halbachs and many Manitowoc law enforcement officials refused to be interviewed by the filmmakers, thus making it more difficult to get both sides of the story. Evaluate whether the filmmakers attempted to present both sides of the story with their limited availability to one side.

2. Do the ﬁlmmakers present multiple perspectives in this episode? Give examples of interviews, documents, photographs, video clips, news coverage, etc. that presents both sides.

Example(s) from one perspective/side: Example(s) from another perspective/side:

67 Copyright © 2016 Tracee Orman Making a Murderer NAME: ______Date: ______Period: _____ 3. Is the information presented based on facts and data? Are the ﬁlmmaker’s sources reliable? Explain, with examples.

______

WRITING AN OBJECTIVE SUMMARY - Write an objective (unbiased) summary of the episode. Keep your summary short (6-8 sentences). Focus on the central idea and main points, as they are presented in the episode. ______

______

Standards covered in episode analysis: CCSS.ELA-LITERACY.CCRA.R.2 Determine central ideas or themes of a text and analyze their development; summarize the key supporting details and ideas.

CCSS.ELA-LITERACY.CCRA.R.6 Assess how point of view or purpose shapes the content and style of a text.

CCSS.ELA-LITERACY.CCRA.R.7 Integrate and evaluate content presented in diverse media and formats, including visually and quantitatively, as well as in words.

CCSS.ELA-LITERACY.CCRA.W.2 Write informative/explanatory texts to examine and convey complex ideas and information clearly and accurately through the effective selection, organization, and analysis of content.

CCSS.ELA-LITERACY.CCRA.W.4 Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

CCSS.ELA-LITERACY.CCRA.W.9 Draw evidence from literary or informational texts to support analysis, reﬂection, and research.

CCSS.ELA-LITERACY.CCRA.W.10 Write routinely over extended time frames (time for research, reﬂection, and revision) and shorter time frames (a single sitting or a day or two) for a range of tasks, purposes, and audiences.

EPISODE STRUCTURE ANALYSIS

70 Copyright © 2016 Tracee Orman Making a Murderer NAME: ______Date: ______Period: _____ ANALYZING THE STRUCTURE OF THE EPISODE Analyze the structure of this episode (structure referring to video clips from televised news broadcasts, taped phone interviews, personal interviews, interrogation footage, press conferences, original video footage from producers, etc.). Evaluate a segment of the episode in which at least 6-8 different clips (audio and/or video) are used. Document the different clips used in the table below. Write the source of the clip, if known; if not known, speculate the source (whether it is footage from a police interrogation, footage from a news broadcast, footage from the movie-makers, etc.). After completing, write a summary of the effect of the sequence of the clips and why you believe the ﬁlmmakers chose to use these clips in this particular order. Time Description of clip Source Start Type of source: time:

End time: ⬜ ︎ Audio ⬜ ︎ ︎Video ⬜ ︎ Both Time Description of clip Source Start Type of source: time:

End time: ⬜ ︎ Audio ⬜ ︎ ︎Video ⬜ ︎ Both

Standard practiced: CCSS.ELA-LITERACY.CCRA.R.5 Analyze the structure of texts, including how speciﬁc sentences, paragraphs, and larger portions of the text (e.g., a section, chapter, scene, or stanza) relate to each other and the whole.

End time: ⬜ ︎ Audio ⬜ ︎ ︎Video ⬜ ︎ Both Time Description of clip Source Start Type of source: time:

End time: ⬜ ︎ Audio ⬜ ︎ ︎Video ⬜ ︎ Both Standard practiced: CCSS.ELA-LITERACY.CCRA.R.5 Analyze the structure of texts, including how speciﬁc sentences, paragraphs, and larger portions of the text (e.g., a section, chapter, scene, or stanza) relate to each other and the whole.

72 Copyright © 2016 Tracee Orman Making a Murderer NAME: ______Date: ______Period: _____ ANALYZING THE STRUCTURE OF THE EPISODE SUMMARIZE YOUR FINDINGS Write a summary of of the effect of the sequence of the clips and why you believe the ﬁlmmakers chose to use these clips in this particular order. To help you, answer these questions: How does it inﬂuence the audience? Is it persuasive? What purpose does the order serve? If the order of the clips were in a different sequence, how would it change the overall effect?

LINKS

• My “MAKING A MURDERER” PINTEREST Board (this board contains links to nonﬁction articles, opinion pieces, and primary documents in the case):

https:// www.pinter est.com/ mrsorman/ making-a- murderer/

• Link to the TRANSCRIPTS for each episode. I ﬁnd this helpful for students who may have missed a class and do not have access to Netﬂix. It is also helpful for citing evidence when writing a response and/or paper: http:// transcripts.foreve rdreaming.org/ viewforum.php? f=524&sid=149d3 464a641250d92c 99ff01f04fd37

75 Copyright © 2016 Tracee Orman YouMaking mighta Murderer like NAME:these ______writing and reading Date: ______resources... Period: _____ https:// https:// https:// www.teacherspayt www.teacherspaytea www.teacherspayte chers.com/Product/ eachers.com/ achers.com/ Informative- Product/ Product/Compare- Explanatory-Writing- Contrast-Two-or- Argument-Writing- No-Prep-Common- More-Texts- Common-Core- Core- Common-Core- Bundle-1645518 Grades-6-12-8038 Close- 63 Reading-1622376

https://https://https://https:// www.teacherspaytea www.teacherspayte www.teacherspayte www.teacherspayte chers.com/Product/ achers.com/ achers.com/ Any-Book-Movie- achers.com/ Comparison- Product/MLA- Product/Cause- Product/Writing-a- Readers-Notebook- and-Effect- Summary-Activities-CCSS- Citations-Works- Nonﬁction-Activity- Common-Core- RL7-1398160 Cited-Cheat-Sheet- Read-Those- InformativeExplanat for-Students- Labels-No- ory- Research- Prep-1626060 Writing-1389909 doc-59597 http://https:// www.teacherspayteachers. www.teacherspayteachers.c http:// com/Product/Common- www.teacherspayteac om/Product/Common-Core-hers.com/Product/ Core-Reading-Writing-Bell- Common-Core- Reading-Lit-NonFiction-Vocabulary-Graphic- Ringers-Exit-Slips- Organizers- Graphic-Organizers-Grades-6-12-432021 BUNDLE-Vol-1-825536 Grades-6-12-779833 https:// http:// www.teacherspayteachers.co http:// www.teacherspayteacher m/Product/Close-Reading- www.teacherspayteac s.com/Product/Journal- Questions-Nonﬁction-Articles- hers.com/Product/ Prompts-Task-Cards-for- Common-Core- Common-Core- the-Entire-Year-691107 Aligned-1520872 Expository-News- Writing-Tutorial- Activities-366965